Mens rea-A society should not be judged on how it treats its outstanding citizens but by how it treats its criminals..... Fyodor Dostoyevsky-in Crime and Punishment. Mens rea comes from the Latin phrase; Actus non facit reum nisi mens sit rea, translated An act does not make a man guilty unless his mind be also guilty. Mens rea roughly translates to guilty mind. An illustration of mens rea would be the difference between hurting someone voluntarily and accidentally; in the first case, the mens rea, the intention to hurt, is present but not in the second one. The phrase derives from a quotation from Edward Coke actus non facit reum nisi mens sit rea, which roughly translated means "an act does not make someone a criminal unless (their) mind is guilty."The four levels of mens rea
1.Purposely. This also covers the concept of willful blindness
2.Knowingly
3.Recklessly
4.Negligently
In criminal cases the presumption of law is that the accused is innocent.The burden of proving every fact essential to bring the charge home to the accused lies on the prosecution.The evidence must be such to exclude every reasonable doubt that the accused is guilty.In matters of doubt it is safer to acquit than to condemn,since it is better that several guilty persons should escape than one innocent person suffer.
Unsoundness of Mind.
Insanity Defense
Any Psychotic/Neurotic illness can be a precipitating factor. Law requires the proof of unsoundness of mind at the time of committing offence.
Hence any psychiatrist cannot predict that his/her patient can commit murder under the clause of insanity as he/she was under his/her treatment.The side effects of drugs/medicines are also taken into account by Law.For example in Schizophrenia treatment ,the Neurotransmitter Dopamine; levels are lowered by medication.This produces symptoms of Parkinsons disease which may physically incapacitate a patient so much that it may be unthinkable that he/she may commit a violent crime in that state.
There are Specific rules for unsoundness of mind in the Indian Penal Code-Section 84 and also in the Code of Criminal Procedure. It is believed that mental illness is like any other illness and hence treatable.The Mental Health Act-1987 is also applicable.Cases of Psychotic Paranoid states where actual criminal conspiracy(120A,120B) has taken place deserves special mention in the Forensic Arena.
Here it is relevant to prove that the patient is telling the truth about abnormal conditions taking place with him/her which may be a part of a criminal conspiracy to prove the person mentally ill for vested interests.
The person has been rendered mentally ill by making conditions around him/her highly disturbing.
Of Criminal Force and Assault-Sections-349,350,351,352,354,355,357 can establish if the individual was mentally and physically assaulted.
Of Criminal Intimidation,Insult and Annoyance-Sections-503,506,507,509.can establish if any fear was induced in the person.
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